People v. Lesiuk

81 N.Y.2d 485 (1993)

617 N.E.2d 1047

600 N.Y.S.2d 931

The People of the State of New York, Respondent,

v.

Vasil Lesiuk, Appellant.

Court of Appeals of the State of New York.

Argued June 2, 1993.

Decided July 8, 1993.

D.J. & J.A. Cirando, Syracuse (John A. Cirando, Patrick J. Haber and Ivette C. Iza of counsel), for appellant.

George M. Dentes, District Attorney of Tompkins County, Ithaca, for respondent.

Chief Judge KAYE and Judges TITONE and BELLACOSA concur with Judge SMITH; Judge HANCOCK, JR., dissents and votes to reverse in another opinion in which Judge SIMONS concurs.

SMITH, J.

On March 10, 1989,…